Clarke v. Welsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth JB. Welsh, from a judgment of the Supreme Court in favor of the'plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of April, 1903, upon the Verdict of a jury for $4,000, and also from an order entered, in said clerk’s office on the 30th day of April, 1903, denying the defendant’s motion for a new trial made upon - the minutes.
1Opinion of the Court
Woodward, J.:
The defendant in this action, who appeals from the judgment, is the owner of a four-story tenement building in the city of Yonkers'. The building has three stores on the ground floor, and above these stores are apartments. At the rear there are four balconies running entirely across the building and on a level with the several floors. From each of these balconies there is a single stairway leading to the balcony above, arid these stairways were used by the tenants of the several apartments in reaching a common cellar and yard. The plaintiff’s theory, and the due which must have…
2Cited by3 opinions
- Walsh v. FreyAppellate Division of the Supreme Court of the State of New York · 1906
- Maslin v. ChildsAppellate Division of the Supreme Court of the State of New York · 1911
- Berghman v. DufresneCourt of Appeals for the D.C. Circuit · 1928